Goldberg v. United States

Fifth Circuit

Goldberg v. United States

61 F.2d 414, 1932 U.S. App. LEXIS 4286

CourtCourt of Appeals for the Fifth Circuit

DecidedOctober 21, 1932

DocketNo. 6694

StatusPublished

This text of 61 F.2d 414 (Goldberg v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Goldberg v. United States, 61 F.2d 414, 1932 U.S. App. LEXIS 4286 (5th Cir. 1932).

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Opinion

FOSTER, Circuit Judge.

Appellant was charged with conspiring with a number of other named persons to commit various offenses against the laws of the United States in violation of the customs laws. A demurrer was overruled. Reserving his rights under the demurrer, he pleaded guilty, and was sentenced. The principal contention of appellant is that the indictment is vague, indefinite, and duplicitous, and does not charge a conspiracy to violate any specific criminal statute. It is unnecessary to discuss this contention in detail. We think the indictment sufficiently charges a conspiracy to violate the customs laws by smuggling and clandestinely introducing intoxicating liquor for beverage purposes into the United States without invoicing or paying [419]*419the duty upon same, with intent to defraud the United States. Jenkins et al. v. U. S. (C. C. A.) 59 F.(2d) 2. Certiorari denied October 17, 1932, 53 S. Ct. 81, 77 L. Ed.-.

The record presents no reversible error.

Affirmed,

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FOSTER, Circuit Judge.

Appellant was charged with conspiring with a number of other named persons to commit various offenses against the laws of the United States in violation of the customs laws. A demurrer was overruled. Reserving his rights under the demurrer, he pleaded guilty, and was sentenced. The principal contention of appellant is that the indictment is vague, indefinite, and duplicitous, and does not charge a conspiracy to violate any specific criminal statute. It is unnecessary to discuss this contention in detail. We think the indictment sufficiently charges a conspiracy to violate the customs laws by smuggling and clandestinely introducing intoxicating liquor for beverage purposes into the United States without invoicing or paying [419]*419the duty upon same, with intent to defraud the United States. Jenkins et al. v. U. S. (C. C. A.) 59 F.(2d) 2. Certiorari denied October 17, 1932, 53 S. Ct. 81, 77 L. Ed.-.

The record presents no reversible error.

Affirmed,

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61 F.2d 414, 1932 U.S. App. LEXIS 4286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldberg-v-united-states-ca5-1932.

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